May 26, 2010

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2010 – 2011 – Zone 2
PROPOSED RULE NUMBER: 2010-P116
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2010-2011. The Department proposes a 45 day season for divers, trappers, rakers and draggers in 2010-2011, which was the same length of season in 2009-2010. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers, trappers, and draggers will have a choice of an early or late season.
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2010 – 2011 – Zone 1
PROPOSED RULE NUMBER: 2010-P117
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2010-2011. The Department proposes a 10 day season for divers, trappers, rakers and draggers in 2010-2011, which was the same length of season in 2009-2010. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December; and draggers in December or late December/January.
STATUTORY AUTHORITY: 12 MRSA §6171, §6171-A and §6749
RULE TITLE OR SUBJECT: Ch. 8.20(P), Landings Program, Harvester Reporting, Urchin Harvest (Zone 1)
PROPOSED RULE NUMBER: 2010-P118
CONCISE SUMMARY: The proposed regulations would institute mandatory trip and area level harvest reporting by Zone 1 urchin harvesters. The Sea Urchin Zone Council (SUZC) voted to recommend mandatory harvester reporting by Zone 1 harvesters at their March 18, 2010 meeting. Their intention is that these fishery-dependent data will improve our understanding of the urchin resource by augmenting the data obtained through port sampling, dealer reporting and dive survey programs. For more details online go to http://www.maine.gov/dmr/rulemaking/ or see contact information in this notice
STATUTORY AUTHORITY: 12 MRSA §6171, §6173AGENCY CONTACT PERSON: Togue Brawn (tel: 207-624-6558)
PUBLIC HEARINGS: June 15, 2010, 6:00 p.m.*, Dept. of Marine Resources, Conf. Rm., 200 McKown Pt. Rd., West Boothbay Harbor (*The Zone 1 season and reporting proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notices.)
June 16, 2010, 7:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth (*The Zone 2 season proposed rules will be followed by proposed season and reporting rules for Zone 1; see separate rulemaking notices.)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: June 28, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. WEB SITE: www.maine.gov/dmr/rulemaking . E-MAIL: Laurice.Churchill@Maine.gov . FAX: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
URL: http://www.maine.gov/dmr/index.htm

AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 212, Maine Public Utilities Commission, Rulemaking for Exemption of Competitive Telecommunications Carriers from Certain Filing and Approval Requirements
PROPOSED RULE NUMBER: 2010-P119
CONTACT PERSON FOR THIS FILING: Jordan McColman: Jordan.D.McColman@Maine.gov
PUBLIC HEARING: No public hearing scheduled. Persons wishing to request a public hearing on this rule must notify the Administrative Director, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333-0018 on or before June 2, 2010.
COMMENT DEADLINE: June 28, 2010
BRIEF SUMMARY: The Commission initiates this rulemaking to amend Ch. 212 to include dark fiber providers to the list of classes of telephone utilities exempt from portions of the requirements of 35-A MRSA §§ 504(2), 901-904, 907, 908, 910, 911, 1101, and 1103.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA. §§ 507, 912, 1105
URL: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov

AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2010-P120
CONTACT PERSON FOR THIS FILING: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103, (207) 400-3011 (phone), (207) 791-3616 (fax), e-mail: serickson@mela.net . URL: www.mela.net
PUBLIC HEARING: No public hearing is scheduled. A public hearing would be held at the request of 5 or more people.
COMMENT DEADLINE: Monday, June 28, 2010
BRIEF SUMMARY: This proposed rule-making amends the Supplemental Education Loan Program Rules to make revisions to the eligible schools, finance charges, repayment terms, and forbearance sections for the Authority’s loan programs. The proposed rule amendment would: clarify the definition of eligible schools; provide increased flexibility to allow for future fixed interest rate loan programs; remove the loan repayment term tables to enable the Authority to modify repayment terms for loans funded from the proceeds of future bond issuances to match the repayment schedule for the bonds; and allow for an extended period of forbearance in certain extenuating circumstances.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §11417(1)(N)

AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE:Ch. 1, Baxter State Park Rules & Regulations, Rules 1-30Ch. 2, Rules for the Purchase of Services and Awards, Section 2Aii: Change Katahdin Times to Millinocket’s local newspaper
PROPOSED RULE NUMBERS: 2010-P121 and P122
CONTACT PERSON FOR THIS FILING: Ada Angotti, 64 Balsam Drive, Millinocket, ME 04462. 207-723-9500. E-mail: Ada.Angotti@Maine.gov
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: June 25, 2010
BRIEF SUMMARY: Repeal Ch. 1, Titles 1-30 - repeal and replace with a new format that will include the repealed Rules with changes to 4.2, 4.5, 4.6, 5.1, 5.2, and 5.5.
DETAILED BASIS STATEMENT / SUMMARY: This replacement of the Baxter State Park Rules has been proposed in order to reorganize, simplify and clarify existing Rules to promote ease of reference, understanding, and application by Park visitors.
The proposed replacement Rules also include new wording prohibiting the cutting, defacing, or removal of bark from live trees; requiring the proper disposal of human waste in backcountry areas to protect Park resources and public safety; prohibiting the gathering of fiddleheads or berries for sale or commercial use; increasing the number of cars permitted to park at a campsite from one to two; permitting motorcycle access on paved roads within Baxter State Park.
Copies (electronic and hard) of the proposed Rule replacement are included with this application and may also be obtained from Baxter State Park by contacting Ada Angotti via email at Ada.Angotti@Maine.gov or phone at (207) 723-9500.
IMPACT ON MUNICIPALITIES OR COUNTIES: Curtailment of commercial use of wild growing edible plants could impact personal financial incomes. Otherwise, there should be no impact on municipalities or counties.
URL: http://www.baxterstateparkauthority.com/

ADOPTIONS

AGENCY: 16-219 - Maine Department of Public Safety, Office of the Commissioner
ADOPTED RULE NUMBER: 2010-168(refiled)
CHAPTER NUMBER AND TITLE: Ch. 6, Transportation of Hazardous Materials in Maine
CONCISE SUMMARY: This Chapter will ensure that hazardous materials are transported safely in Maine. The regulation adopts and incorporates by reference Parts 107, 171, 172, 173, 174, 177, 178, 179, 180, 387, and 397 of Title 49 Code of Federal Regulations as in effect as of October 1, 2009.
Copies of the Federal rules adopted and incorporated by reference into the regulation may be obtained from the following agencies:
Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402
Maine Department of Public Safety, Bureau of Maine State Police, 20 State House Station, Augusta, ME 04333-0020
EFFECTIVE DATE: May 11, 2010
AGENCY CONTACT PERSON: Christopher Parr Maine Department of Public Safety, 104 State House Station, Augusta, ME 04333-0104. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
URL: http://www.maine.gov/dps/msp/

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2010-199
CONCISE SUMMARY: The adopted rule clarifies and updates language. Section 4.04-A states that payment for implanted presbyopia-correcting intraocular lens and astigmatism-correcting intraocular lens will be at the rate of payment for a conventional intraocular lens. In section 4.04-B, the Department is eliminating website information that is stated in 4.04 Covered Services. It is also adding language that states that ASC covered services may be billed in addition to the surgical procedure. In section 4.05 Non-Covered Services, the Department is deleting the 3rd and 4th paragraph “Payment for” Presbyopia-Correcting Intraocular Lens, etc., as this is clarified in Section 4.04-A. In section 4.07-2 the Department is changing the language to clarify that when there are multiple procedures in the same operative session, MIHMS will pay only for the procedure that has the highest payment amount.
See http://www.maine.gov/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: June 1, 2010
AGENCY CONTACT PERSON: Cindy S. Boucher, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 3, MaineNET
ADOPTED RULE NUMBER: 2010-201
CONCISE SUMMARY: This rule change repeals Ch. VI Section 3, MaineNET. This program was a voluntary MaineCare program that was implemented around 2000 to improve health outcomes and manage program costs by providing clinical and administrative coordination of primary, acute, behavioral and long-term care services for elders and adults with disabilities. Due to no enrollment, this program has not been operational since 2001. This rule change will not impose any costs on municipalities or counties or impost any administrative burden on small businesses or 20 or fewer employees.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: July 5, 2010
AGENCY CONTACT PERSON: Cindy S. Boucher, Comprehensive Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Cindy.Boucher@Maine.gov
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 223(New), Proposed Rules for the Operation of Commercial Large Game Shooting Areas
ADOPTED RULE NUMBER: 2010-202
CONCISE SUMMARY: The purpose of this rule is to provide standards for the operation of commercial large game shooting areas (LGSA). Additionally, the rule proposes a process for the Department to allocate a new LGSA license and to allocate a license if a current LGSA licensee surrenders his or her license.
CHAPTER NUMBER AND TITLE: Ch. 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals
ADOPTED RULE NUMBER: 2010-203(Amend.)
CONCISE SUMMARY: The Department is proposing to repeal the cervids importation embargo which was enacted in June 2002. All other New England states as well as many other states also enacted similar embargos when chronic wasting disease (CWD) was detected in Wisconsin that year. In the past seven years, many states including Maine have implemented mandatory CWD surveillance programs in captive deer and elk farms and in commercial large game shooting areas. Many states including Maine have also established CWD certification programs for captive deer and elk farms and commercial large game shooting areas. Maine has conducted extensive active surveillance every year since 2002 in both farmed cervids and in wild white tailed deer and thus far, we have not detected CWD in either the farmed cervid population or in our white tailed deer herd. Many states have now lifted embargos which were placed in 2002 and have put in place strict rules to allow importation of cervids from CWD certified herds. In fact, during the past several years, some deer and elk from Maine have been exported to a number of these states. The Department feels that the time is right to repeal the embargo and is therefore proposing to amend Ch. 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals and Poultry, to enact new rules for the importation of cervids into Maine. These proposed rules would place new CWD certification requirements for any cervid importation into the state. The Department believes that the repeal of the embargo coupled with the adoption of strict new CWD importation standards will be sufficient to assure the continued CWD-free status of Maine while at the same time allowing limited commerce for the state’s deer and elk farmers and commercial large game shooting area operators.
In addition to the new cervid importation requirement, the Department is proposing several other changes to these rules including: changing the equine infectious anemia negative test requirement for importation of horses and other equines into Maine from 180 days to 12 months to make the rule consistent with the law which was changed several years ago; requiring official permanent identification of sheep and goats being imported into the state to assure consistency with the USDA’s National Scrapie Eradication Program; adding several new diseases to the reportable disease list; requiring that ferrets imported for resale be vaccinated for rabies; and several other minor editorial changes.
CHAPTER NUMBER AND TITLE: Ch. 221, Cervids Importation Embargo (Repeal)
ADOPTED RULE NUMBER: 2010-204
CONCISE SUMMARY: The Department is proposing to repeal the cervids importation embargo which was enacted in June 2002. All other New England states as well as many other states also enacted similar embargos when chronic wasting disease (CWD) was detected in Wisconsin that year. In the past seven years, many states including Maine have implemented mandatory CWD surveillance programs in captive deer and elk farms and in commercial large game shooting areas. Many states including Maine have also established CWD certification programs for captive deer and elk farms and commercial large game shooting areas. Maine has conducted extensive active surveillance every year since 2002 in both farmed cervids and in wild white tailed deer and thus far, we have not detected CWD in either the farmed cervid population or in our white tailed deer herd. Many states have now lifted embargos which were placed in 2002 and have put in place strict rules to allow importation of cervids from CWD certified herds. In fact, during the past several years, some deer and elk from Maine have been exported to a number of these states. The Department feels that the time is right to repeal the embargo and is therefore also proposing to amend Chapter 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals and Poultry, to enact new rules for the importation of cervids into Maine. These proposed rules would place new CWD certification requirements for any cervid importation into the state. The Department believes that the repeal of the embargo coupled with the adoption of new CWD importation standards will be sufficient to assure the continued CWD-free status of Maine while at the same time allowing limited commerce for the state’s deer and elk farmers and commercial large game shooting area operators.EFFECTIVE DATE: May 25, 2010
AGENCY CONTACT PERSON: Don Hoenig, VMD, Maine Department of Agriculture, Food and Rural Resources, 28 State House Station Augusta, Maine 04333. Telephone: (207) 287-7615. E-mail: Donald.E.Hoenig@Maine.gov
URL: http://www.maine.gov/agriculture/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov